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Antioch: 19-year-old shot by police sues city

By Karina Ioffee Contra Costa Times

Posted:
08/22/2014 08:27:57 AM PDT

Updated:
08/22/2014 08:28:26 AM PDT

ANTIOCH -- A man shot by Antioch police earlier this year has filed a lawsuit against the city for $2 million, claiming police used unnecessary force that left him with major injuries and trauma from the incident.

The suit, filed on Thursday in federal court, alleges that a police officer shot 19-year-old Anthony Mabutas, Jr. in the stomach after encountering the young man outside a home in the 1600 block of Sycamore Drive on June 9.

According to the lawsuit, Mabutas was unarmed, made no threats or any hand gestures that could be interpreted as posing a danger to the officer, a member of the department's SWAT team. The officer did not say anything before shooting the young man, who had to be airlifted and spent several days at the hospital recovering from his injuries.

On Thursday, Antioch City Attorney Lynn Tracy Nerland declined to comment on the allegations, saying that the city has not been served with the lawsuit yet.

Since being released from the hospital, Mabutas has been jailed on charges of drawing a weapon in a threatening manner and carrying a loaded firearm, both of which are connected to the June 4 incident, authorities said. His attorney, Mark Kelsey, called the charges "baseless" and said multiple eyewitnesses will be able to corroborate that the young man was not armed when he was shot, although a weapon was found in the area.

Kelsey also called on Antioch police to purchase wearable cameras and use them while on patrol.

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"There is no excuse in our modern era for any officer who may have to use deadly force to not use them," Kelsey said. "Every police department owes that duty of care to the community."

An Antioch police spokesman declined to comment on the idea of officers wearing body cameras.